I was sold a counterfeit item on Trade Me, the auction linked to all the official site specifications and made out the product was genuine. I have since contacted the seller who claims I "should have asked on the auction whether it was genuine or fake". I don't think I should have had to do this as the auction should not have been misleading.

He has another one of the same item listed and when a user asked about whether it was genuine, the response was deliberately vague and this is after he knows the product is fake.

Do I have any actions I can take against the seller? Has anyone had any luck?

Well that auction clearly states that it is for a Nokia Bluetooth Headset model no BH-503 and that the item is brand new and in original packaging. If the item isn't a genuine Nokia BH-503 then the listing is misleading.

If the seller is a "trader", a term that legislation leaves intentionally vague, they must comply with the Fait Trading Act which requires accurate description of goods. In any case it's worth noting that TradeMe's Code of Conduct states that:

Sellers agree to:Describe items fully and accurately ...

You should certainly raise a breach of the Code of Conduct with TradeMe.

mpvincent: Why has this guy got no negative feedback? I would have thought a few negatives would sort him out?

Because most people on Trade Me knows that BAD FEEDBACK GIVEN = BAD FEEDBACK RECEIVED... Anyone leaving a bad feedback for this idiot will receive a bad feedback too. Trade Me won't do anything in these cases, and people are left with bad reputation when they are the victims. I know, it happened to me.

I have put complaint in to trade me about it being a misleading auction as well as selling counterfeit goods. I have rung the Nokia 0800 number and they have opened a case and taken my details so a manager can call me.